Ingram v. Social Security Administration

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, proceeding pro se, originally filed this action in the Superior Court of California, County of Sacramento. His complaint is titled "Complaint for Damages Under 42 USC 1983; Civil Rights Violation; Personal Injury." On June 19, 2009, Defendants, through a special appearance by counsel, filed a notice of removal, bringing this action to the United States District Court pursuant to 28 U.S.C. § 1442.

Upon removal, the Clerk of the Court designated this action to be an appeal from the denial of social security benefits.*fn1 However, it appears to the undersigned that Plaintiff is claiming the defendants violated his civil rights by wilfully withholding his Supplemental Security Income twice, not that he was denied social security benefits. Therefore, this case should have been designated as a pro se (non-prisoner) civil rights action, not a social security appeal. In addition, it appears that Plaintiff resides in Sacramento. As such, this pro se civil case should have been assigned to a District Judge, and referred to a Magistrate Judge in Sacramento.

The Clerk of the Court will be directed to modify the designation of this action as set forth above. In addition, the scheduling order that was issued (Doc. 2) was the scheduling order for a social security appeals case. As this scheduling order is the incorrect order, it will need to be vacated.*fn2

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to redesignate this action as a pro se (non-prisoner) civil rights action;

2. The Clerk of the Court is further directed to assign this action to a District Judge, with a referral to a Magistrate Judge in Sacramento, and make the appropriate modifications to the assignment wheels; and

3. The Scheduling Order (Doc. 2) is vacated.

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